End user agreement for SRS Audio Sandbox
SRS LABS, Inc. LICENSE AGREEMENT
Indicating your acceptance of this license agreement in the manner specified, or installing and using the software it accompanies indicates your assent to the terms of this agreement. If you do not agree with them, do not install, use or copy this software, and if this software was purchased at retail outlet, you may return the software to the place it was purchased for a full refund.
This is a license, not a sales agreement, between you, the end user, and SRS Labs, Inc. ("SRS Labs"). SRS Labs grants to you a non-exclusive, non-transferable (except as provided below) license to use the copy of the software and the accompanying documentation in accordance with the terms set forth in this License Agreement.
The software is owned by SRS Labs, or its licensors and protected by copyright laws, and some elements are protected by laws governing patents, trademarks, trade dress and trade secrets. In addition to the restrictions and obligations imposed by such laws, you agree to comply with the following:
a. install the software on only one computer;
b. make one (1) copy of the software in machine-readable form solely for backup purposes, provided that you reproduce all proprietary notices on the copy;
c. physically transfer the software from one computer to another provided that the software is used on only one computer at a time; and
d. transfer or assign (not rent or lease) all your rights in the software on a permanent basis if the person receiving it agrees to the terms of this Agreement (including the loss of warranty) and you transfer to that person the original and all existing copies of the
You may not:
a. use the software on more than one computer or workstation at a time, or use it on a device functioning as a file server in a network or a multi-user system or in any manner make it accessible to others, including via an electronic bulletin board, web site or other form of electronic distribution system;
b. modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, or copy (except for the backup copy) the software or the accompanying documentation, except to the extent, if any, that this limitation or any portion of it is expressly prohibited by applicable law;
c. rent, lease or sublicense any rights in the software or accompanying documentation in any form to any person without the prior written consent of SRS Labs which, if given, is subject to the transferee's consent to the terms and conditions of this license;
d. remove any proprietary notices, labels, or marks on the software, documentation, and containers.
All rights, title, interest, and all copyrights in and to the software, documentation, and any copy made by you remain with SRS Labs. Unauthorized copying of the software or the documentation, or failure to comply with the above restrictions, will result in breach and automatic termination of this license and will make available to SRS Labs other legal and equitable remedies.
LIMITATION OF REMEDIES
Your sole and exclusive remedy under this License Agreement shall be refund, repair or replacement of defective media as provided in the warranty, at SRS Labs' option. SRS Labs' maximum liability for any claim by you or anyone claiming through or on behalf of you arising out of your order or the warranty shall not in any event exceed the actual amount paid by you to SRS Labs for the product. SRS Labs does NOT warrant that the functions contained in the software will meet your requirements or that the operation of the software will be uninterrupted or error free. Computer software is inherently subject to bugs and potential incompatibility with other computer software and hardware. You should not use the software for any applications in which failure could cause any significant damage or injury to person or tangible or intangible property.
You should be sure that all data files and programs are properly backed up to prevent data loss that could result from a software malfunction.
IN NO EVENT SHALL SRS LABS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, COLLATERAL, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES OR LOSSES ARISING OUT OF YOUR PURCHASE OR USE OF ANY PRODUCTS OBTAINED FROM SRS LABS OR OUT OF THE WARRANTY, INCLUDING WITHOUT LIMITATION LOSS OF USE, PROFITS, GOODWILL OR SAVINGS, OR LOSS OF DATA, DATA FILES, OR OTHER PROGRAMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IN SOME CIRCUMSTANCES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
SRS Labs, Inc. warrants this product to be free from defects in material and workmanship. SRS Labs, Inc. will repair or replace this product free of charge if it has proven to be defective within 30 days of purchase. THIS WARRANTY DOES NOT COVER ANY EXPENSES INCURRED IN THE REMOVAL AND RE-INSTALLATION OF THIS PRODUCT. This warranty does not apply to any SRS Labs, Inc. product used for commercial, rental, industrial purposes, or that is damaged by accident, misuse, abuse, improper line voltage, water, lightning, or if any parts or service
covered by this warranty are furnished by anyone other than SRS Labs, Inc. This warranty does not cover cartons, cosmetic parts, broken or marred cabinets, or any other accessories or equipment used in connection with the product or consequential damage due to a defect in the product.
ALL IMPLIED WARRANTIES ARE LIMITED TO THE DURATION OF THE WARRANTY. THIS IS THE COMPLETE WARRANTY BY SRS LABS, INC. AND NO OTHER EXPRESSED WARRANTY IS VALID AGAINST SRS LABS, INC. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR AN EXCLUSION OR CONSEQUENTIAL DAMAGES. SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO AN SRS LABS, INC. PRODUCT WHICH IS USED FOR COMMERCIAL RENTAL, OR INDUSTRIAL PURPOSES, OR HAS BEEN ALTERED OR MODIFIED IN ANY WAY.
If this unit should prove defective within the stated period, contact SRS Labs, Inc. for instructions on obtaining service. Your dated sales slip or product registration will establish your eligibility for warranty service. SRS Labs, Inc. will be responsible only for service rendered under this warranty and not the loss of any unit delivered to
an independent authorized warranty station. This warranty gives you specific rights, and you may also have other rights which vary from state to state.
U.S. GOVERNMENT USERS.
The software provided under this Agreement is commercial computer software developed exclusively at private expense, and in all respects is proprietary data belonging to SRS Labs or its suppliers.
(a) Department of Defense End Users. If the software is acquired by or on behalf of agencies or units of the Department of Defense (DoD), then, pursuant to DoD FAR Supplement Section 227.7202 and its successors (48 C.F.R. 227.7202) the Government's right to use, reproduce or disclose the software acquired under this Agreement is subject to the restrictions of this Agreement.
(b) Civilian Agency End Users. If the software is acquired by or on behalf of civilian agencies of the U.S. Government, then, pursuant to FAR Section 12.212 and its successors (47 C.F.R. 12.212), the Government's right to use, reproduce or disclose the software acquired under this Agreement is subject to the restrictions of this Agreement.
You may terminate this license at any time by destroying all copies of the software or by returning them to SRS Labs. SRS Labs may terminate this license if you fail to comply with any of the terms and conditions of this License Agreement. Upon such termination, you agree to destroy or return the original and all copies of the software. You agree to be
responsible for the payment of any taxes resulting from this Agreement. Any unauthorized rental, lease, sublicense or (except as provided above) assignment or transfer of any copy of the software shall be void. If any provisions of this Agreement are held invalid, the remainder shall continue in full force and effect.
CONTROLLING LAW AND SEVERABILITY
This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
This Agreement is the entire Agreement between us and supersedes any other communications, advertisements, or understandings with respect to the software and documentation.
©2000-2006 SRS Labs,Inc. All rights reserved. SRS ,TruBass, WOW, and the SRS logo are trademarks of SRS Labs,Inc. FOCUS is a trademark of SRS Labs, Inc.